Re Rosewood Research Pty Limited [2014] NSWSC 449

Re Rosewood Research Pty Limited [2014] NSWSC 449

The Trustees are justified in defending the main proceedings as set out in Parts 1 and 2 of the Statement of Claim, are justified in obtaining counsel's advice as to defence of Parts 3 and 4, and can have recourse to trust funds for reasonable costs incurred (on conditions), but are not presently justified in filing a cross-claim for cy-pres relief. Costs relating to Parts 3 and 4 require further advice after counsel's opinion.

Jurisdiction
Australia
Judgment Date
17 April 2014
Procedural Posture
Application for Judicial Advice (trusts) / Judgment on Application for Advice Under S 63 of the Trustee Act 1925 (nsw)
Outcome
Orders made giving judicial advice to the Trustees under s 63 of the Trustee Act 1925 (NSW).
Legal Topics
["trustees' Powers" 'charitable Trusts' 'court Advice to Trustees' 'costs of Trust Litigation']
['equity' 'trusts' 'charities'] ["trustees' Powers" 'charitable Trusts' 'court Advice to Trustees' 'costs of Trust Litigation']

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Procedural Posture

Application for Judicial Advice (trusts) / Judgment on Application for Advice Under S 63 of the Trustee Act 1925 (nsw)

Legal Issues

  1. 1 ['Whether the Trustees are justified in defending charitable trust proceedings in whole or in part' "Whether Trustees are justified in seeking counsel's opinion regarding breach of trust allegations" 'Whether Trustees are justified in using trust funds to pay various costs incurred in litigation and obtaining advice']

Ratio Decidendi

The Trustees are justified in defending the main proceedings as set out in Parts 1 and 2 of the Statement of Claim, are justified in obtaining counsel's advice as to defence of Parts 3 and 4, and can have recourse to trust funds for reasonable costs incurred (on conditions), but are not presently justified in filing a cross-claim for cy-pres relief. Costs relating to Parts 3 and 4 require further advice after counsel's opinion.

Court Disposition

Orders made giving judicial advice to the Trustees under s 63 of the Trustee Act 1925 (NSW).

Orders

  • ['The Trustees are justified in defending the claims made in the main proceedings (proceedings 2013/152562) insofar as set forth in Parts 1 and 2 of the pleading but are not presently justified in filing a cross-claim for cy-pres relief in respect of that aspect of the claim.' 'The Trustees are justified in...